1) Dowry deaths refer to deaths of women who are murdered or driven to suicide by continuous harassment and torture by husbands and in-laws over demands for dowry.
2) India has the highest number of dowry deaths in the world, with over 8,000 reported cases annually. This equates to a bride being burned every 90 minutes due to dowry-related issues.
3) Section 304-B of the Indian Penal Code defines dowry death and classifies it as a cognizable, non-bailable, and non-compoundable offense that can be punished by 7 years to life imprisonment. Dowry death is defined as the death of a woman within 7 years of marriage due
2. INTRODUCTION
• Most dowry deaths occur when the young woman, unable to bear the
harassment and torture, commits suicide. Most of these suicides are
by hanging, poisoning or by fire. Sometimes the woman is killed by
setting herself on fire; this is known as "bride burning“
• India has by far the highest number of dowry related deaths in the
world according to Indian National Crime Record Bureau. In 2010,
8391 dowry death cases were reported across India[3] This means a
bride was burned every 90 minutes, or dowry issues cause 1.4 deaths
per year per 100,000 women in India
• According to Indian police, every year it receives over 2,500 reports
of bride-burning The Indian National Crime Records Bureau (NCRB)
reports that there were about 8172 dowry death cases registered in
India in 2008
3. WHAT IS DOWRY ?
In ancient times ‘dowry ’ was a means for
parents to endow a daughter with material
goods because she could not inherit property .
Traditionally ,dowry consisted of gifts, usually
jewelry , given to the bride at the time of her
marriage as a financial security to her.
4. • Dowry means any property or valuable
security given or agreed to be given either
directly or indirectly:-
• A) by one party to a marriage to the other
party to the marriage or;
• B)by the parent of either party to the marriage
or by any other person, to either party to the
marriage or to any other person, at or before
or any time after the marriage o said parties
but does not include dower or mahr in the
case of persons to whom the Muslims
Personal Law applies- (Dowry Prohibition
Act 1961)
5. SECTION 304-B OF INDIAN PENAL CODE
•
Section 304-B (1)- Where the death of a woman
is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances
within seven years of her marriage and it is
shown that soon before her death she was
subjected to cruelty or harassment by her
husband or any relative of her husband for, or in
connection with any demand for dowry , such
death shall be called ‘dowry death’ ,and such
husband or relative shall be deemed to have
caused her death .
6. • (2)-Whoever commits dowry death shall be punished
with imprisonment for a term which shall not be
less than seven years but which may extend to
imprisonment for life
9. PUNISHMENT
• Imprisonment of not less than 7 years
but which may extend to imprisonment
for life.
• If any person gives or takes or abets
the giving or taking of dowry ,he shall
be punishable for a fine not less than
Rs.5000 or an amount of the value of
such dowry ;whichever is more
10. ESSENTIALS
• Soon before death
• Within 7 years of her marriage
• Unnatural circumstances
• Presence of cruelty and harassment in
connection with dowry demand
11. 1} SOON BEFORE DEATH
• One of the essentials to prove dowry death is
that cruelty or harassment was soon before
death
• there is no specified period which can come under the
word “soon before” depending upon the case and
circumstances of each case
• To prove that death occurred within the phrase “soon
before” there should be cruelty and harassment
• Soon before would normally imply that the interval
should not be much between the concerned cruelty
and harassment and the death in question
12. SOON BEFORE DEATH
• CASE LAWS
• Pawan Kumar v. State of Haryana 1998
• Mahesh Kumar v. State 2001
• Venugopal v. State of Karnataka 1999
• Bhuneshwar Pd Chaurasia v.Bhuneshwar Chaurasia
13. WITHIN 7 YEARS OF MARRIAGE
• The title itself depicts the meaning of the statement .
If a woman dies in unnatural circumstances at her matrimonial
home within seven years of her marriage, the husband is
presumed to have killed her if he cant rebut the charge
successfully in court .
• This presumption gains strength if the woman has been
harassed over dowry.